Florida Senate - 2012                                    SB 1524
       
       
       
       By Senator Siplin
       
       
       
       
       19-01056A-12                                          20121524__
    1                        A bill to be entitled                      
    2         An act relating to the state judicial system; amending
    3         s. 2.01, F.S.; construing application of the common
    4         and statute laws of England to this state; amending s.
    5         25.382, F.S.; revising a definition; expanding the
    6         list of recipients required to be provided a certain
    7         annual report of the Florida Supreme Court; specifying
    8         a required use of such report; requiring the Supreme
    9         Court to develop a plan for certain civics promotion
   10         and judicial branch education purposes; requiring an
   11         annual plan implementation report; specifying report
   12         recipients and uses; requiring the Supreme Court to
   13         submit to certain recipients all final reports
   14         completed by certain committees; specifying uses of
   15         such reports; requiring that the Auditor General
   16         conduct a biennial full audit review and the Office of
   17         Program Policy Analysis and Government Accountability
   18         examine records of the state courts system; requiring
   19         reports; specifying recipients of the reports;
   20         amending s. 26.012, F.S.; expanding the jurisdiction
   21         of circuit courts to include interlocutory appeals
   22         from orders on motions to dismiss, for dismissal, and
   23         for summary judgment rendered in cases in which a
   24         circuit court has exclusive original jurisdiction;
   25         establishing certain divisions within each judicial
   26         circuit for certain purposes; providing for
   27         administration of the divisions; amending s. 43.20,
   28         F.S.; correcting a cross-reference; increasing the
   29         membership of the Judicial Qualifications Commission;
   30         revising provisions related to the expenses of the
   31         commission; requiring the commission to hire staff for
   32         each commission panel; providing requirements for
   33         staff committees for commission panels; requiring
   34         reports of staff committees; specifying recipients of
   35         the reports for certain purposes; designating such
   36         reports as public records; requiring the commission to
   37         adopt rules; requiring that the Auditor General
   38         conduct a biennial full audit review and the Office of
   39         Program Policy Analysis and Government Accountability
   40         examine the records of the commission; requiring a
   41         report; specifying recipients of the reports;
   42         specifying application of certain provisions of the
   43         act; providing an effective date.
   44  
   45  Be It Enacted by the Legislature of the State of Florida:
   46  
   47         Section 1. Section 2.01, Florida Statutes, is amended to
   48  read:
   49         2.01 Common law and certain statutes declared in force.—
   50         (1) The common and statute laws of England which are of a
   51  general and not a local nature, with the exception hereinafter
   52  mentioned, down to the 4th day of July, 1776, are declared to be
   53  of force in this state to the extent such common and statute
   54  laws are; provided, the said statutes and common law be not
   55  inconsistent with the Constitution and laws of the United States
   56  and the acts of the Legislature of this state.
   57         (2) Notwithstanding subsection (1), provisions including,
   58  but not limited to, the following are declared to be of force in
   59  this state:
   60         (a) Those clearly expressed, or obviously and reasonably
   61  implied without clear expression, in the language and wording of
   62  the acts of the Legislature.
   63         (b) Those that provide for rights and claims in tort
   64  liability for acts committed directly or indirectly involving
   65  judicial and administrative proceedings. In such cases,
   66  litigation privilege or judicial, qualified, or absolute
   67  immunity and similar privileges and immunities are not and may
   68  not be considered as viable or valid defenses.
   69         (c) Those relating to claims for or defenses of abuse of
   70  process, malicious prosecution, and fraud upon the court, also
   71  known as extrinsic fraud, which must be strictly enforced. In
   72  such cases, litigation privilege or judicial, qualified, or
   73  absolute immunity and similar privileges and immunities are not
   74  and may not be considered as viable or valid defenses.
   75         (d) Those relating to criminal offenses under 18 U.S.C. ss.
   76  241 and 242 and claims under 42 U.S.C. ss. 1983, 1985, 1986, and
   77  1988, as prescribed by federal statutes and the decisions of the
   78  federal courts.
   79         Section 2. Subsections (1) and (4) of section 25.382,
   80  Florida Statutes, are amended, and subsections (5), (6), and (7)
   81  are added to that section, to read:
   82         25.382 State courts system.—
   83         (1) As used in this section, “state courts system” means
   84  all officers, employees, and divisions of the Supreme Court,
   85  district courts of appeal, circuit courts, and county courts,
   86  also known as the judicial branch of state government.
   87         (4) The Supreme Court shall ensure that clearly written
   88  policies, procedures, and goals for the recruitment, selection,
   89  promotion, and retention of minorities, including minority
   90  women, are established throughout all levels of the judicial
   91  system. An annual report shall be submitted to the Chief Justice
   92  outlining progress, problems, and corrective actions relating to
   93  the implementation of this plan shall be submitted to the Chief
   94  Justice, the Governor, the President of the Senate, and the
   95  Speaker of the House of Representatives. Three copies of the
   96  report shall be submitted to each legislative substantive and
   97  appropriations committee having jurisdiction over state courts
   98  or judicial matters. The report shall be used for legislative
   99  interim projects.
  100         (5) The Supreme Court shall ensure that clearly written
  101  policies, procedures, and goals are developed into a plan for
  102  promoting civics for residents of this state, together with
  103  education concerning the judicial branch, in order to develop
  104  trust and confidence in the state’s judicial system. An annual
  105  report outlining progress, problems, and corrective actions
  106  relating to the implementation of this plan shall be submitted
  107  to the Chief Justice, the Governor, the Cabinet, the President
  108  of the Senate, and the Speaker of the House of Representatives.
  109  Three copies of the report shall be submitted to each
  110  legislative substantive and appropriations committee having
  111  jurisdiction over state courts or judicial matters. The report
  112  shall be used for legislative interim projects.
  113         (6) The Supreme Court shall submit all final reports
  114  completed by assigned court committees, whether by rule or
  115  order, dating from 2000 and thereafter, as follows: one copy
  116  each to the Governor, the Cabinet, the President of the Senate,
  117  and the Speaker of the House of Representatives and three copies
  118  to each legislative substantive and appropriations committee
  119  having jurisdiction over state courts or judicial matters. The
  120  reports may be used for legislative interim projects.
  121         (7) Pursuant to ss. 11.45(2)(a) and 11.51, the Auditor
  122  General shall conduct a full audit review of the state courts
  123  system, and the Office of Program Policy Analysis and Government
  124  Accountability shall examine the records of the state courts
  125  system. The Auditor General and the Office of Program Policy
  126  Analysis and Government Accountability shall prepare a report
  127  containing appropriate recommendations. The audit and
  128  examination must be conducted every 2 years beginning July 1,
  129  2013, in accordance with the full authority and responsibilities
  130  conferred upon the Auditor General and the Office of Program
  131  Policy Analysis and Government Accountability by general law.
  132  The report and recommendations must be submitted within 1 year
  133  after the audit and examination to the chair and vice chair of
  134  the Legislative Budget Commission, the chair and vice chair of
  135  the Legislative Auditing Committee, the Governor, and the Chief
  136  Justice of the Supreme Court.
  137         Section 3. Subsection (1) of section 26.012, Florida
  138  Statutes, is amended, and subsection (6) is added to that
  139  section, to read:
  140         26.012 Jurisdiction of circuit court.—
  141         (1) Circuit courts shall have jurisdiction of appeals from
  142  county courts except appeals of county court orders or judgments
  143  declaring invalid a state statute or a provision of the State
  144  Constitution and except orders or judgments of a county court
  145  which are certified by the county court to the district court of
  146  appeal to be of great public importance and which are accepted
  147  by the district court of appeal for review. Circuit courts shall
  148  have jurisdiction of interlocutory appeals from orders on
  149  motions to dismiss, for dismissal, and for summary judgment
  150  rendered in cases in which a circuit court has exclusive
  151  original jurisdiction. Circuit courts shall have jurisdiction of
  152  appeals from final administrative orders of local government
  153  code enforcement boards.
  154         (6) The following special divisions of judicial circuits
  155  are created:
  156         (a) Unified family courts.—A unified family division is
  157  established in each judicial circuit for the purpose of
  158  consolidating cases and integrating subject matter pertaining to
  159  children and their families who are parties or persons of
  160  interest in proceedings or matters under chapters 39, 61, and
  161  63, s. 68.07, and chapters 88, 741, 742, 743, 984, 985, and
  162  1003. Each judicial circuit shall administer the division as
  163  prescribed by general law or s. 43.30 for the resolution of
  164  disputes involving children and families through a fully
  165  integrated, comprehensive approach that includes coordinated
  166  case management; the concept of “one family, one judge”;
  167  collaboration with the community for referral to needed
  168  services; and methods of alternative dispute resolution.
  169         (b) Teen courts.—A teen division is established in each
  170  judicial circuit for the purpose of administering teen courts as
  171  provided by s. 938.19. Each judicial circuit shall administer
  172  the division as prescribed by general law or s. 43.30.
  173         (c) Drug and mental health courts.—A drug and mental health
  174  division is established in each judicial circuit for the purpose
  175  of administering the programs under ss. 394.656, 394.658, and
  176  397.334. Each judicial circuit shall administer the division as
  177  prescribed by general law or s. 43.30.
  178         Section 4. Subsections (1), (2), and (5) of section 43.20,
  179  Florida Statutes, are amended, and subsections (6) and (7) are
  180  added to that section, to read:
  181         43.20 Judicial Qualifications Commission.—
  182         (1) PURPOSE.—The purpose of this section is to implement s.
  183  12(a)(b), Art. V of the State Constitution which provides for a
  184  Judicial Qualifications Commission.
  185         (2) MEMBERSHIP; TERMS.—The commission shall consist of 15
  186  13 members. The members of the commission shall serve for terms
  187  of 6 years.
  188         (5) EXPENSES.—The compensation of members, their staff, and
  189  referees shall be the travel expense or transportation and per
  190  diem allowance provided by s. 112.061. Other administrative
  191  costs and expenses shall be appropriated under the state courts
  192  system.
  193         (6) COMMISSION STAFF.—The commission shall hire separate
  194  staff for each commission panel, which staff may be compensated
  195  or may be provided by volunteer services.
  196         (a) Staff for each commission panel must consist of at
  197  least one designated staff committee of five common citizen
  198  electors to assist and engage in the deliberations for each
  199  panel of members of the commission in carrying out its powers
  200  and duties. Such designated staff committee must consist of
  201  persons who are not considered to be officers of the court. The
  202  designated staff committee shall prepare a report of suggestions
  203  or comments.
  204         (b) The designated staff committee shall provide a copy of
  205  the report of its suggestions or comments to:
  206         1. The hearing panel upon submission of formal charges by
  207  the commission’s investigative panel to assist the hearing panel
  208  in its pending proceedings and final recommendations.
  209         2. The Supreme Court, together with the recommendations of
  210  the commission’s hearing panel, to assist the Supreme Court in
  211  its final determination.
  212         (c) The reports of the suggestions or comments of the
  213  designated staff committee shall be public records and available
  214  upon the final determination of any case rendered by any
  215  commission panel.
  216         (d) The commission shall adopt rules to administer this
  217  subsection.
  218         (7) COMMISSION ACCOUNTABILITY AND EFFICIENCY.—Pursuant to
  219  ss. 11.45(2)(a) and 11.51, the Auditor General shall conduct a
  220  full audit review of the commission, and the Office of Program
  221  Policy Analysis and Government Accountability shall examine the
  222  records of the commission. The Auditor General and the Office of
  223  Program Policy Analysis and Government Accountability shall
  224  prepare a report containing appropriate recommendations. The
  225  audit and examination must be conducted every 2 years commencing
  226  July 1, 2013, in accordance with the full authority and
  227  responsibilities conferred by general law upon the Auditor
  228  General and the Office of Program Policy Analysis and Government
  229  Accountability. The report and recommendations shall be
  230  submitted within 1 year after the audit and examination to the
  231  chair and vice chair of the Legislative Budget Commission, the
  232  chair and vice chair of the Legislative Auditing Committee, the
  233  Governor, and the Chief Justice of the Supreme Court.
  234         Section 5. The amendment to s. 2.01, Florida Statutes, made
  235  by this act applies retroactively and prospectively.
  236         Section 6. This act shall take effect July 1, 2012.